UPC_APP_53031/2024

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Procedural & sub-applicationsCase Management OrdersCourt of AppealApplication Rop 223—

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Target	Legal point	Strength	Excerpt
223.2	application for suspensive effect – must set out reasons and facts	Binding	Pursuant to R.223.2 RoP, the Application for suspensive effect shall set out: (a) the reasons why the lodging of the appeal shall have suspensive effect and (b) the facts, evidence and arguments relied on.
352.1	security must be ordered when decision is issued	Binding	Pursuant to R.352.1 RoP, the rendering of a security must be ordered when the decision or order is issued.

Target	Legal point	Strength	Excerpt
63	intermediary liability – director of infringing company not third party	Binding	A director of a patent-infringing company represents that company. That company cannot therefore be a 'third party' in relation to this director within the meaning of Art. 63 UPCA and Art. 11 of Directive 2004/48.

Target	Legal point	Strength	Excerpt
Art. 11 Directive 2004/48	intermediary injunctions – enforcement directive	Binding	within the meaning of Art. 63 UPCA and Art. 11 of Directive 2004/48. Therefore, pursuant to Art. 63 para. 1 sentence 2 UPCA, liability as an intermediary cannot arise solely from a person's role as a director

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